Citation Nr: 21004734
Decision Date: 01/28/21	Archive Date: 01/28/21

DOCKET NO. 18-34 367
DATE:  January 28, 2021

REMANDED

Entitlement to service connection for Meniere’s disease is remanded.

Entitlement to service connection for aphonia is remanded. 

Entitlement to service connection for bladder injury with voiding dysfunction is remanded. 

Entitlement to compensation under 38 U.S.C. § 1151 for Meniere’s disease is remanded.

Entitlement to compensation under 38 U.S.C. § 1151 for aphonia is remanded.

Entitlement to compensation under 38 U.S.C. § 1151 for bladder injury with voiding dysfunction is remanded.

REASONS FOR REMAND

The Veteran had active air service from November 1969 to May 1974 and periods of active duty for training (ACDUTRA) and inactive duty for training (INACDUTRA) from November 1983 to November 1998. 

These matters come before the Board of Veterans’ Appeals (Board) on appeal from November 2017 and May 2018 rating decisions issued by the Department of Veterans Affairs (VA) Regional Office (RO). 

The Veteran was scheduled for a hearing before a member of the Board on January 7, 2021. In January 2021, he withdrew his request for a hearing, and it is deemed withdrawn.

The Veteran has contended that he is entitled to service connection or compensation under the provisions of 38 U.S.C. § 1151 for Meniere’s disease, aphonia, and bladder injury with voiding dysfunction. Specifically, he argued that his claimed disabilities are related to an anaphylactic reaction to latex during his active service and/or due to carelessness, negligence, lack of proper skill, error in judgment, or other instance of fault on the part of VA.

The Board recognizes that the Veteran has claims pending under the modernized review system known as the Veterans Appeals Improvement and Modernization Act (AMA), which consider, in part, whether the Veteran had an anaphylactic reaction to latex. Furthermore, in connection with the Veteran’s AMA claims, a January 2020 VA examiner opined that the Veteran’s anaphylaxis was at least as likely as not related to his service. Therefore, determinations on the Veteran’s claims appealed herein are deferred pending final disposition of the Veteran’s claims under the AMA system. Harris v. Derwinski, 1 Vet. App. 180 (1991).

The matters are REMANDED for the following action:

1. Conduct the appropriate development for the claims of entitlement to service connection or compensation under the provisions of 38 U.S.C. § 1151 for Meniere’s disease, aphonia, and bladder injury with voiding dysfunction. If any VA examinations are required, then they should be scheduled.

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2. Then, readjudicate the appeal after the Veteran’s claims pending under the modernized review system are adjudicated. If a decision is adverse to the Veteran, issue a supplemental statement of the case and allow the appropriate time for response. Then, return the case to the Board.

 

Kristin Haddock

Veterans Law Judge

Board of Veterans’ Appeals

Attorney for the Board	D. Ware, Counsel

The Board’s decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.